HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8120/2018
Paramveer Singh S/o Guru Baksh Singh, R/o Vinoba Bahve
Nagar, Kota At Present House No. 351 B, R K Puram, Kota
—-Petitioner
Versus
1. State Of Rajasthan Through Pp, Raj.
2. Smt. Satvant Kaur W/o Paramveer Singh D/o Kripal Singh
By Caste Sikh, R/o Punjabi Colony Bara, Kotwali Bara,
Rajasthan
—-Respondents
For Petitioner(s) : Mr. Amit Dadhich
For Respondent(s) : Mr. VS Godara PP
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
25/01/2019
The present petition has been filed under Section 482
Cr.P.C. seeking quashing of FIR No. 143/2018 registered at Police
Station Women Police Station, Baran for the offences under
Sections 498A, 406 and 120B IPC and Section 4 of Dowry
Prohibition Act.
Learned counsel for the petitioner has submitted that
on 14.9.2005 marriage of the petitioner was solemnized with the
respondent no.2. Learned counsel for the petitioner has contended
that after thirteen years of marriage, the impugned FIR has been
lodged.
A perusal of the FIR reveals that specific allegations of
maltreatment and cruelty have been levelled against the
petitioner. From perusal of the FIR, offence under Section 498A
(2 of 2) [CRLMP-8120/2018]
IPC is made out. The complainant has also made a grievance that
her Stridhan has been retained by the petitioner.
Learned counsel for the petitioner has contended that
the police at Baran has no territorial jurisdiction to try the offences
as parties last resided at Kota.
Attention of the learned counsel for the petitioner has
been drawn to Section 181(4) Cr.P.C., and same reads as under:-
“181. Place of trial in case of certain offences.
(4)Any offence of criminal misappropriation or of criminal
breach of trust may be inquired into or tried by a Court within
whose local jurisdiction the offence was committed or any part
of the property which is the subject of the offence was received
or retained, or was required to be returned or accounted for, by
the accused person.”
As per Section 181(4) Cr.P.C., the petitioner has to
return the Stridhan at the place where wife is residing. The
petitioner has not returned the Stridhan at the place where the
complainant at present is living.
Because of Section 181(4) Cr.P.C. offence under Section
406 IPC can be investigated at Police Station Baran. Therefore,
police station at Baran has territorial jurisdiction to investigate the
offences.
In view of above, non interference is warranted and the
present petition being devoid of merits is dismissed.
(KANWALJIT SINGH AHLUWALIA),J
Mak/-
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